浮动抵押人范围问题的研究-法律专业论文.docxVIP

上海交 上海交通大学硕士学位论文 system and floating mortgagor legislation The floating charge is set by the mortgagor of its existing and the future of the whole or part of all movable, when a particular subject does not appear, the mortgagor is entitled to the scope of normal operations to dispose of the encumbered property, appear in a particular subject after the mortgagor to exercise the right mortgage, and the value of the encumbered property to determine a particular mortgage. Floating charge secured with floating objects, and secured the freedom of dispose of property, leading to specific issues fixed collateral, the special nature of registration, and other characteristics. Floating charge in relation to other specific arrival has difference between charge systems. The floating mortgagor includes enterprise, individual commercial door and agricultural production operators in china. Part II: through analyzing the advantages and disadvantages of the two genealogy of law floating mortgagor to solve the risk. First, describing the procedure of floating charge; second, finding the methods of solving Anglo-American law and civil law mode dangers; last, putting forward the method of floating mortgagor in china. Part III: introduces the legislative process of floating charge in our country, and comments the provisions about floating charge in Property Law of the People’s Republic of China. Then the author gives legislative advices about how to perfect floating charge in our country; The advices as follows: the guarantor should be the enterprise，all the properties of the enterprise can be secured，set up the receiver system，define the order of the security, and the Provisions of floating charge should be independent. Conclusion: to sum up the full study of property law to a floating charge. Property law provision in this relatively simple, summed up, but it is a relatively stable legal system, if we modify the provisions of the floating charge, it is inevitable the seriousness a